Requests for flexible working

Produced by Tolley in association with

Employment Tax

Guidance

The ERA 1996, ss 80F–80I (Pt 8A) gives an employee the right to request flexible working by applying to their employer for a change in their terms and conditions of employment. Other statutory provisions relating to this right are found in the Children and Families Act 2014, ss 131–134 and the Flexible Working Regulations, SI 2014/1398.

ACAS publishes a statutory Code of Practice on requests for flexible working. This is a new code applying from 6 April 2024. This Code must be taken into account by employment tribunals where it is relevant to a question arising in proceedings and employers would, therefore, be well advised to take note of it. The Code’s recommendations are supplemented by a guide: The right to request flexible working.

Who has the right to make a request?

To be able to make a flexible working request the person must be an employee. For requests made before 6 April 2024, there was a requirement for the employee to have been employed for at least 26 consecutive weeks

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Hannah Freeman

Barrister at Old Square Chambers , OMB, Employment Tax

Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

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